PRIMARY ELECTION LAWS 

OF VIRGINIA 

// 

In Effect January 1 , 1915 

With a Summary of The Opinions Rendered By 
JNO. GARLAND POLLARD, 
Attorney-Genera l 


ISSUED BY 

B. O. JAMES 

Secretary of the Commonwealth 




RICHMOND : 

Davis Bottom, Superintendent of Public Printing 
1915 























































D. of D. 
JUN 5 1916 










An ACT to amend and re-enact an act entitled an act to establish and regulate the 
holding of primary elections; to pay expenses of same; to secure the regularity 
and purity of the same, and to prevent and punish any corrupt practices in 
connection therewith, approved March 14, 1912. 

Approved March 25 , 1914. 

1. Be it enacted by the general assembly of Virginia, That 
an act entitled an act to establish and regulate the holding of pri¬ 
mary elections; to pay expenses of same; to secure the regularity 
and purity of the same, and to prevent and punish any corrupt 
practices in connection therewith; approved March fourteenth, 
nineteen hundred and twelve, be amended and re-enacted so 
as to read as follows: 

The words and phrases in this act, unless inconsistent with the 
context, shall be construed as follows: 

(a) The word “primary,” the primary elections provided for 
by this act. 

(b) The word “election,” a general or municipal election as 
distinguished from a primary election. 

(c) The words “general election,” the election provided by' 
law for the Tuesday after the first Monday in November of each 
year. 

(d) The word “party,” a political party or organization which 
at a presidential election next, preceding the primary polled at 
least one-fourth of the total vote cast at such election. 

This act shall be liberally*construed so that the will of the elec¬ 
tors may not be defeated by any informality; provided, the objects 
of the provision of the act are substantially accomplished. 

2. To what nominations this act applies.—This act shall 
apply to the nomination of candidates for such offices as shall be 
nominated by a direct primary and to no other nominations. For 
any State office the duly constituted authorities of any political 
party for the State at large, and for any district office or member 
of the house of representatives in the congress of the United 
States the duly constituted authorities of any political party for 
the district, or member of the senate in the congress of the United 
States the duly constituted authorities of any political party for 
the State at large, and for members of the State senate the duly 
constituted authorities of any political party for the senatorial 
district, and for any county, city or town office, and for members 
of the house of delegates the duly constituted authorities of any 
political party for the county, city or town, or legislative district, 
shall have the right to provide that the nomination shall be made 
by a direct primary or by some other method. All nominations 
made by a direct primary shall be made in accordance with the 


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provisions of this act, but nothing in this act shall be construed 
to prohibit the printing of the name of an independent candidate 
or the candidate of a political organization not included in the 
definition of a “party” as established by this act, upon the official 
ballot used at any election; provided, such candidate complies 
with election laws concerning the same. 

3. Primaries; when held.—Primaries for the nomination of 
candidates coming within the terms of this act shall be held as fol¬ 
lows : (a) A primary for the nomination of candidates to be voted 
for at the general election shall be held on the first Tuesday in 
August of each year; (b) A primary for the nomination of candi¬ 
dates for officers to be voted for on the second Tuesday in June in 
the cities of the State shall be held on the first Tuesday in April 
next preceding such election. 

4. Primaries; how held.—The primaries herein provided for 
shall be held by three judges appointed for each party participat¬ 
ing and from members of that party by the electoral boards of the 
respective cities and counties in the State, upon application made 
by the duly constituted authorities of the party or parties desiring 
to hold a primary under this law, in such manner as may be pro¬ 
vided by the party plan of such party or parties, one of which 
judges so appointed shall act as clerk in the conduct of such pri¬ 
mary so held, at each of the several precincts as designated at the 
passage of this act, or hereafter, may be provided by law. 

No judge or clerk of any election held under this act shall during 
the progress of the same, attempt to influence any voter to 
vote for or against any candidate. 

Any judge or clerk violating this provision shall be deemed 
guilty of a misdemeanor and punished accordingly. 

Provided the said primaries shall be held by three judges and 
two clerks, appointed as above provided, for each party partici¬ 
pating in said primary, if in the judgment of said board the two 
clerks are necessary in order to have the vote cast at any voting 
place. 

Provided further that the judges so appointed for each party, 
shall conduct the primary for that party. 

All provisions of law affecting such offices in general election not 
inconsistent herewith are hereby made applicable to primaries. 
There shall be used a separate ballot box and poll book for each 
party participating. 

All the provisions and requirements of the statutes of this State 
in relation to the holding of elections, the sale of intoxicating 
liquor on election day, of counting ballots, of making and certify¬ 
ing returns and all other kindred subjects shall apply to all pri¬ 
maries in so far as they are consistent with this act, the intent of 
this act being to place the primary under the protection and regu- 


5 


lation of the laws of this State governing elections. The courts of 
record of this State, and the judges thereof in vacation, shall have 
jurisdiction to enforce the provisions of this act by injunction, 
mandamus, prohibition, or any other proper remedy. 

All the provisions of the penal Code of this State, in so far as 
they relate to crimes against the electoral franchise, are hereby 
made applicable to primaries except when inconsistent with this 
act. 

Lists of qualified voters shall be furnished the judges of the 
primary of each party participating in the same manner as they 
are directed by law to be furnished the judges of election. 

Each judge of a primary, shall before entering upon the dis¬ 
charge of his duties take an oath which may be administered by 
any judge, faithfully to discharge the duties of his office. 

And in the event of the absence from the voting place of any 
of the judges appointed by the electoral board for o*e hour after 
sun rise, then the other judge or judges present shall appoint a 
substitute judge or judges from duly qualified voters present, and 
in the absence for two hours after sun rise of all the judges ap¬ 
pointed by the electoral board, then three duly qualified voters 
belonging to the political party holding the election may act as 
judges and conduct the election in the manner herein prescribed. 

5. The vote required to nominate.—Any candidate for party . 
nomination to any office who receives a plurality of the votes cast 
by his party shall be the nominee of his party for such office and 
his name shall be printed on the official ballots “used in the election 
for which the primary was held. In case of a tie, the nominee 
shall be determined by lot in accordance with election law of the 
State. But nothing in this act shall prohibit the county or city 
committee of any political party from holding a primary which re¬ 
quires a majority of the vote cast in the said primary to nominate. 

6. This act shall not apply to the nomination of presidential 
electors, or to the nomination of candidates to fill vacancies. 

7. Right and power of parties.—Each party shall have the 
power to make its own rules and regulations, call conventions to 
proclaim'a platform or ratify a nomination, or for any other pur¬ 
pose, and perform all functions inherent in such organizations. 
Each party shall have the power to provide in any way it sees fit 
for the nomination of its candidates, and the nomination and elec¬ 
tion of its candidates for office in case of any vacancy, and 
the nomination and election of its State, county or city com¬ 
mittees; provided, that no convention shall have the power 
to nominate any candidate to be voted for at any primary. 
Should the nominee of any party die, or refuse his candidacy, or if 
his nomination is set aside for fraud between any primary and the 
succeedingjelection, any party may nominate to fill such vacancy 




^accordance with its own rules, except that no party shall nomi¬ 
nate any person whose nomination has been set aside for fraud 
participated in by the candidate. 

Nothing in this act shall be construed to limit or circumscribe 
the power of any political party to prescribe the rules and regula¬ 
tions for its own government, and to determine its own methods of 
making nominations for public office; provided, however, no 
party which has adopted the plan of making nominations for 
office by primary, shall have the power to nominate by a conven¬ 
tion any candidate to be voted for at any particular primary, the 
said primary shall be conducted in all respects under the pro¬ 
visions of this act. 

8. Who may vote.—All persons qualified to vote at the elec¬ 
tion for which the primary is held, and not disqualified by reasons 
of other requirements in the law of the party, to which he belongs, 
may vote at the primary; provided, however, 

(a) No person shall vote for the candidates of more than one 
party; 

(b) No person shall be permitted to vote for the candidates 
of any party unless in the last next preceding general election he 
voted for the presidential electors nominated by such party, or for 
the nominee of the house of representatives of such party, or the 
nominee of such party for governor, or the nominee of such party 
for the house of delegates; provided further, that if he did not 
vote at such general election, then upon his declaration that he 
will support at the ensuing election the nominee of the party in 
whose primary he wishes to vote, he shall be allowed to vote. 

(c) Any person offering to vote at a primary upon challenge 
shall be sworn by one of the judges of the primary, and if he know¬ 
ingly makes any false statement as to any matter material to his 
right to vote, he shall be deemed guilty of perjury, and, upon con¬ 
viction, shall be punished accordingly. 

9. Declaration of candidacy.—The name of no candidate shall 
be printed upon any official ballot used at any primary unless such 
person is legally qualified to hold the office for which he is a candi¬ 
date, and unless at least sixty days before the primary he makes 
and files a written declaration of candidacy, and has complied 
with the rules and regulations of the proper committee of his 
party, which declaration shall be in, substantially, the following 


form: 

I,., of the county of (or town or city of), 

a member of the .party, 

declare myself to be a candidate for nomination to the office 

of ., to be made at the primary to 

be held on the . day of. 


This declaration must be acknowledged before some officer "who 







7 


has the authority to take the acknowledgements to deeds, or at¬ 
tested by two persons who can write, signing as witnesses. 

The name of no candidate for United States senate, for repre¬ 
sentatives in congress, or for any State office shall be printed upon 
any official ballot used at any primary unless he filed along with 
his declaration of candidacy as petition therefor signed by two 
hundred and fifty qualified voters of the congressional district of 
the candidate for house of representatives and of the State at 
large with respect to a candidate for United States senate or any 
State office, each signature to which has been witnessed by a 
person whose affidavit to that effect is attached to the petition. 
Nor shall the name of any candidate for the general assembly, or 
for any city or county office be printed upon any official ballot 
used at any primary unless he filed along with his declaration of 
candidacy a petition therefor signed by fifty qualified voters of 
his city or county witnessed as aforesaid and with like affidavit 
attached thereto. 

10. Candidates for nomination shall file their declarations 
with the chairman or chairmen of the several committees of the re¬ 
spective parties, and it shall be the duty of such chairman or 
chairmen to furnish to the electoral boards charged with the duty 
of preparing and printing the primary ballots the names of the 
candidates to be printed thereon. 

11. Expense of candidates.—No person^in order to aid or pro¬ 
mote his nomination to any public office at any primary provided 
for by this act, shall, directly or indirectly, himself or through an¬ 
other person, give, pay, expend or contribute any money or other 
valuable thing except for expenses herein expressly allowed and 
no others, or make any promise to any person as a condition upon 
which that person’s vote or support is given. The permitted ex¬ 
penses shall include only expenses directly incurred and paid by 
a candidate for traveling and for purposes properly incidental to 
traveling, and for writing, printing, and preparing for transmission 
any letter or circular or any advertisement in any newspaper, 
magazine, or other periodical, whereby he states his position or 
views on public questions and requests the suffrage of the voters; 
for stationery, postage, telegraph and telephone tolls, and for 
other similar expenses, and for the necessary expenses of hiring 
halls or other rooms in which to address the voters and others, 
upon public questions and matters concerning his candidacy, and 
halls to be used as campaign headquarters. Any person incurring 
other expense than those herein expressly permitted shall be 
guilty of a misdemeanor, and, upon conviction, shall be fined not 
less than one hundred and not more than five hundred dollars. 
Such conviction shall disqualify such persons from voting or 
holding office in this State for five years thereafter. 


8 


12. Regulating publications in newspapers.—It shall be un¬ 
lawful for any owner, proprietor, editor, manager, officer, clerk, 
agent, reporter or employee of any newspaper, magazine or 
periodical printed or published in this State to take, accept or 
receive, or agree to take, accept or receive, for himself or any 
other person, firm or corporation, either by himself or any other 
person or persons, firm or corporation, any money or other valu¬ 
able consideration for such newspaper, magazine or other periodi¬ 
cal supporting or advocating the election or defeat of any candi¬ 
date or candidates at any primary election. Any such owner, 
proprietor, editor, manager, officer, clerk, agent, reporter or 
employee of any newspaper, magazine or other periodical violat¬ 
ing the provisions of this act shall be deemed guilty of a mis¬ 
demeanor and shall be fined not less than one hundred dollars 
nor more than five hundred dollars for each offense. 

Provided, however, that nothing herein shall prevent any per¬ 
son or persons, firm or corporation engaged in the publication of 
any newspaper, magazine or periodical from receiving from any 
person for publication and publishing any matter, article or ar¬ 
ticles advocating the election or defeat of any candidate or candi¬ 
dates and receiving from such person a compensation therefor, 
if such article so published or printed have placed at the beginning 
thereon in plain type in black face Roman capitals in a con¬ 
spicuous place the statement, “Paid advertisement.” 

13. Statement of candidates.—Every candidate for nomina¬ 
tion under the terms of this act shall, within twenty days after 
the day of holding the primary in which he is a candidate, file 
an itemized statement in writing, duly sworn to, with the clerk 
of the court of the county or corporation in which he resides, 
setting forth each sum of money and thing of value or any con¬ 
sideration whatever constituted, paid or promised by him or any 
one for him with his knowledge or acquiescence, for the purpose 
of securing or influencing or in any way affecting his nomination 
to said office. Said statement must set forth the sum paid as 
personal expenses, setting forth fully and in detail the nature, 
kind and character of the expense for which the sums were ex¬ 
pended. If any money or other consideration has been paid or 
promised to any newspaper, magazine or other periodical, the 
name of such newspaper, magazine or other periodical must be 
set forth as well as the amount or thing promised or paid. 

In this statement all sums or other consideration promised by 
him and not paid shall be included. Such statement when so 
filed shall immediately be subject to the inspection and examina¬ 
tion of any person, and shall be and become a public record. No 
officer shall receive and file any statement of any candidate un¬ 
less it is made in accordance with the requirements of this act. 


g 

14. Penalties for failure to make statement.—Any candidate 
for nomination for any office under the terms of this act who shall 
fail, neglect or refuse to file with the proper officer the statement 
provided for in section fourteen within the time provided therein, 
or who shall fail to fully set out in detail any and all sums of 
money, or other thing of value or consideration expended, paid or 
promised, shall be guilty of a misdemeanor, and upon conviction 
thereof shall be fined not less than- twenty dollars or more than 
five hundred dollars. 

15. Expenses of candidates limited in amount.—No candidate 
for any office at any primary shall spend for any purpose what¬ 
ever, a larger sum than an amount equal to fifteen cents for every 
vote cast for the candidate of his party receiving the largest vote 
at the last preceding gubernatorial election, within the territory, 
the qualified voters of which have the right to vote for the office 
for whose nomination such person is a candidate at such primary; 
provided, however, in legislative districts where more than six 
candidates are to be nominated for the general assembly, no candi¬ 
date for the general assembly shall spend more than forty per 
centum of the salary to be paid him if elected. Any person 
violating the provisions of this section shall be guilty of a mis¬ 
demeanor, and upon conviction thereof shall be fined not less than 
one hundred dollars nor more than five hundred dollars, and such 
conviction shall disqualify such person from voting or holding 
office in this State for five years thereafter. 

16. No person shall solicit, request, demand, directly or in¬ 
directly, any money, intoxicating liquor or anything of value to 
influence his vote, or to be used, or under the pretense to be used 
to procure the vote of any other "person or persons, at any primary 
for or against any candidate for office. 

Any person violating the provisions of this section shall be 
guilty of a misdemeanor, and upon conviction thereof shall be 
fined not less than twenty dollars nor more than five hundred 
dollars, and conviction shall disqualify such person from voting 
in this State for five years thereafter. 

17. Primary ballots and poll books.—The primary ballots for 
the several parties taking part in a primary shall be printed and 
delivered to the judges of election by the city or county electoral 
boards. These ballots shall be official and shall be composed, 
arranged, printed and provided in the same manner as the official 
election ballots except that across the head of each official pri¬ 
mary ballot shall be printed in plain black type the date of the 
primary, the name of the political party, the names of whose can¬ 
didates are printed thereon, and immediately underneath the fol¬ 
lowing words: “Primary election ballot.” The number of ballots 


10 


printed for each party participating in the primary shall be equal 
to twice the number of qualified voters. 

18. Poll books and ballot boxes.—There shall be two poll 
books and separate ballot box provided for each party taking part 
in any primary. The ballot box of each party shall have;plainly 
marked upon its top the words, “Primary ballot box,” and im¬ 
mediately under the words the name of the party which uses the 
same. Two poll books shall'be provided for each party partici¬ 
pating in the primary, and each poll book shall bear conspicuous¬ 
ly upon its cover the name of the party whose voters are recorded 
therein. 

Tally Sheet. 

for (name of party) for the.precinct, 


in the county of.for a primary held on 

day of.A. D. 


The names of candidates for nominations shall be placed on the 
tally sheets of each political party by the primary clerks in the 
order in which they appear on the primary ballot. 

Copies of this act shall be distributed by the secretary of the 
Commonwealth to the various members of the electoral board and 
judges of election and clerks of circuit and corporation or hustings 
courts throughout the State. 

19. Ballots; how canvassed and certified.—Poll books and 
ballots to be sealed; when and by whom delivered to clerk; where 
kept; if returns not made, how obtained. After canvassing the 
votes, the judges, before they adjourn, shall put under cover the 
poll books, seal the same, and direct them to the clerk of the cir¬ 
cuit court of the county or clerk of the corporation or hustings 
court of the corporation or hustings (as the case may be) in which 
the election is held, and the poll books thus sealed and directed 
(together with the ballots strung, enclosed and sealed), shall be 
conveyed by one of the judges to be determined by lot, if they 
cannot otherwise agree, to the clerk to whom they are directed 
on the day following the election, there to remain for the use of 
the persons who may be lawfully entitled to inspect the same. 
The clerk to whom the ballots are delivered, as aforesaid, shall 
without breaking the seal, deposit them in his office, where they 
shall be safely kept for twelve months; and he shall not allow the 
same to be inspected unless in cases of contested elections or un¬ 
less they become necessary to be used in evidence, and then only 
on the order of the court given jurisdiction of such contest, or 
as otherwise provided in this act. The judges of election shall 
be responsible for all the primary ballots delivered to them, and 
shall return to the clerk of the circuit court of the county or the 
corporation or hustings court of the corporation (as the case 
may be) all unused ballots, including those not voted and those 






11 


spoiled by votes while attempting to vote. Said clerk shall give 
his receipt for such unused ballots and shall retain the same in his 
office as provided in respect of ballots which have been voted. 
If from any cause the judges of election shall fail to make return as 
provided by this section, within the time limited by section twenty 
of this act for the commissioners to meet and open the returns, it 
shall be the duty of the clerk to whose office such returns ought to 
have been made to dispatch a special messenger to obtain such re¬ 
turns, who shall be subject to the same penalties and entitled to 
the same compensation as a judge of elections for such services. 

20. How commissioners of election appointed; when to meet 
and open returns; how vacancies supplied. 

The electoral board in each county and city shall at the time 
they appoint judges and clerks of election designate five of the 
judges so appointed to act as commissioners, who, or any three of 
whom, shall constitute a board, which shall elect one of their 
number secretary, whose duty it shall be to meet at the clerk's 
office of the county or corporation for which they are appointed, 
on the second day (Sunday excepted) after any primary election 
held therein, and proceed to open the returns which shall have 
been made at that office, and the said commissioners shall ascer¬ 
tain from the returns the candidates who have received the great¬ 
est number of votes in the county or corporation. The result 
as so ascertained shall be reduced to writing and signed by a ma¬ 
jority of the commissioners present and constituting such board, 
and attested by the secretary, and shall be annexed to the abstract 
of votes cast at such election, as provided for in section twenty-b. 
If from any cause the number of commissioners in attendance at 
the time and place for opening_returns be less than three, the com¬ 
missioner or commissioners in attendance shall select from the 
voters of the county or corporation, as the case may be, one or 
more persons having the qualification of judges of election, who 
shall act as commissioner or commissioners. The electoral boards 
of the respective counties and cities shall have power to fill 
vacancies in such appointments in their respective cities and coun¬ 
ties whenever necessary to do so. Any person appointed under 
this section to fill a vacancy in the board of commissioners, 
shall, before entering upon the discharge of his duties as com¬ 
missioner, take an oath before some one authorized to administer 
oaths, to faithfully discharge his duties as commissioner, and 
when so sworn shall have all the power and authority, and be 
subject to all the penalties of a judge of election. The fact of 
the appointment being made, and the oath taken, shall be noted 
byjthe^secretary at the foot of the abstract of votes provided for 
in section twenty-c. 

20-a. How irregularities in returns corrected.—If it shall ap- 


12 


pear to any board of election commissioners, in determining the 
candidates who have received the greatest number of votes, that 
irregularities or informalities occur in the returns of the judges 
or clerks of election, which can be cured by amending or correct¬ 
ing the same, it shall be the duty of said board of commissioners 
immediately to summon the said judges and clerks, or such of 
them as may be requisite, to appear before the said board, on 
some day not exceeding five days from the date of the summons, 
for the purpose of amending such returns so that the same may 
conform to the law. The summons may be executed by any 
sheriff, sergeant, constable, or qualified voter, who shall receive 
for such service fifty cents for each person summoned, to be paid 
by the county or corporation in which such election was held. 

20-b. Abstracts of votes to be made out and certified in nomi¬ 
nation of United States senators; members of the house of repre¬ 
sentatives of the United States; members of the general assembly, 
and State and other officers: to whom forwarded.—-As soon as the 
commissioners aforesaid shall determine the persons who have re¬ 
ceived the highest number of votes for nomination to any such 
office, the secretary shall immediately make out abstracts of the 
votes cast for United States senators, members of the house of 
representatives, State officers, members of the general assembly, 
county, city and district officers (as the case may be) which ab¬ 
stracts being certified and signed by said commissioners and 
attested by the secretary shall be deposited in the office of the 
clerk of the court, under seal, and certified copies thereof shall be 
placed in an envelope by said secretary and forwarded by regis¬ 
tered mail as follows: For United States senator and State officers 
to the secretary of the Commonwealth; as to members of the house 
of representatives of the United States, to the chairman of the 
congressional district committee; in case of a State senator to 
the chairman or several chairmen, as the case may be, of the 
county or counties and cities composing the senatorial district; 
in cases of a delegate, to the chairman, or several chairmen, of 
the county or counties and cities comprising the house district; 
and in the case of county and city and district officers to the 
chairman of the county or city; and the said secretary shall 
endorse on the back of the envelope in which said certified copies 
are enclosed: “Copy of the abstract of votes cast in the primary 


election in.county (or city as the case may be) 

on . .nineteen hundred and. ” 


Any secretary wilfully violating any of the provisions of this 
section shall be punished by a fine of not less than one hundred 
dollars nor more than one thousand dollars, or by confinement in 
jail for a period of not less than thirty days or more than six 
months. 





13 


And the chairman or chairmen in the several instances afore¬ 
said shall ascertain and publish in some newspaper in the district, 
county or city the names of the persons receiving the nomination. 
If from any county, city or congressional district the abstract of 
votes shall not have been received within eight days after any 
primary by the chairman or chairmen of the party holding the 
election, he or they, as the case may be, shall dispatch a messenger 
to obtain a copy of the same from the secretary of the board of 
election commissioners, and the expense thereof shall be borne 
by the council of the city or the board of supervisors of the county 
wherein the delinquent secretary resides. 

20-c. When a secretary to make out and deliver certificate of 
nomination.—The secretary shall immediately make out, in pur¬ 
suance of the determination of the commissioners, a certificate of 
the votes cast for each of the candidates, the house of delegates, 
county or city officers. Any secretary wilfully violating the pro¬ 
visions of this section shall be punished by a fine of not less than 
one hundred dollars nor more than one thousand dollars, or by 
confinement in jail for a period of not less than thirty days nor 
more than six months. 

20-d. The secretary of the Commonwealth shall lay the cer¬ 
tified abstract aforesaid before the State board of canvassers 
whom he shall convene for the purpose not later than ten days 
after their reception, and they shall open and tabulate the said 
returns and declare the nominees in manner and form as they do 
in general elections. 

20-e. If abstracts not forwarded, messenger to be sent for 
them. If from any county or city the abstract of votes shall not 
have been received within twelve days after any State primary 
election by the secretary of the Commonwealth, he shall dispatch 
a special messenger to obtain a copy of the same from the secre- 
taty of the board of election commissioners; and said secretary 
shall immediately, on demand of such messenger, make out and 
deliver to him the copy required, which copy of the abstract of 
votes the messenger shall deliver to the secretary of the Common¬ 
wealth without delay. 

The said special messenger shall receive for his services and 
mileage, same compensation and mileage provided for a special 
messenger under section forty-one of the general election laws, to 
be paid upon warrant of the board of supervisors or council of 
the city, on the treasurer of such county or city to be paid by 
him out of such funds as may be provided for the expenses of said 
election. 

20-f. False entries, et cetera.—Any person who is guilty of 
stealing, wilfully, fraudulently and wrongfully breaking, destroy¬ 
ing, mutilating, defacing, falsifying, or unlawfully moving, se- 


14 


curing or detaining the whole or any part of any ballot box, or 
any record, primary poll book, tally sheet or copy thereof, or the 
returns or any other paper or document required to be used in 
holding elections, or who shall fraudulently make any entry, 
erasure or alteration therein, or who fraudulently permits any 
other person to do so, shall be guilty of a misdemeanor, and upon 
conviction thereof, shall be fined not less than two hundred dollars 
nor more than one thousand dollars, and be confined in jail not 
more than sixty days, and such conviction shall disqualify such 
person from voting or holding office in this State thereafter. 

21. Expense of primary; how paid.—The necessary expenses 
incident to holding and conducting primaries, such as the payment 
of judges and clerks of election, necessary stationery and supplies, 
rent of polling places, furnishing and distributing ballot boxes and 
poll books, delivering poll books, printing and providing ballots, 
and other like expenses shall be paid as expenses of elections are 
paid. 

22. When no primary shall be held.—Whenever within the 
time prescribed by this act there is only one declaration of candi¬ 
dacy for the nomination for any office, the name of the person 
filing such declaration shall be declared the nominee of his party 
for the office for which he has announced his candidacy. No pri 
mary shall be held for the nomination of candidates to offices, 
the nomination to which the party authorities, acting within the 
discretion vested in them by this act, shall require to be made 
otherwise. 

23. How primaries may be contested.—Any primary election 
may be contested as follows: 

The nomination for United States senators and State officers 
in the circuit court of the city of Richmond; the nomination for 
candidates for the house of representatives of the United States, 
State senators, members of the house of delegates, and all county, 
district and city officers in the circuit court of the county or city 
in which the contestee resides. 

Ail contests shall be conducted according to the rules of law 
and equity governing contest in regular elections. 

24. Duty of party authorities.—It shall be the duty of the 
chairman and secretary of the State central committee of every 
party, by writing signed by themselves, to notify the secretary of 
the Commonwealth whether such committee has or has not 
adopted the direct primary and to what candidates such adoption 
refers. In case the discretion of nominating local candidates be 
vested in the local committees, then it shall be the duty of the 
chairman and secretary of such local committee to notify the sec¬ 
retary of the Commonwealth of the action taken by them in such 
regard; and the secretary of the Commonwealth shall thereupon 


15 


order the holding of a primary election in any county, city or 
other district of the State in which he is so notified that a primary 
is intended to be held. 

The notification required by this section must be made at least 
thirty days before the date herein set for the primaries; provided, 
that at all primaries held under this act each candidate may have 
a representative at the polls; provided, when there are more than 
two candidates there shall be only two representatives, one to be 
appointed by a majority of the candidates and the other by the 
minority of the candidates. 

Nothing in this act shall be construed to require the county and 
city treasurers to pay expenses of more than one primary held by 
any one party for one election, but if any of the subordinate 
party committees call a primary at a date other than the date 
set for the general primary, then the expenses of the primary 
called by such subordinate party committee shall be paid by the 
candidates themselves. 

24-a. Every candidate for any office at any primary shall, be¬ 
fore he files his declaration of candidacy as provided in the fore¬ 
going sections, pay a fee equal to two percentum of one year’s 
salary attached to the office for which he is candidate. 

In case of a candidate whose compensation is paid in whole or 
in part by fees, the amount to be paid bj such candidate as his 
contribution for the payment of the expenses of the primary 
shall be fixed by the proper committee of the respective parties. 

If there is no salary the fee shall be one dollar. These fees 
shall be paid as follows: 

• (a) Candidates for United States senators, for representatives 
in congress, and for all State-offices shall pay such fee to the au¬ 
ditor of public accounts of Virginia. 

(b) All other candidates shall pay said fee to the treasurer of 
the city or county in which they reside. A receipt for the pay¬ 
ment of said fee must accompany and be attached to said de¬ 
claration of candidacy; otherwise the same shall not be received 
or filed;provided, that when for district officers of more than one 
county the fee shall be divided equally between the counties com¬ 
prising such district and paid to the respective treasurers thereof. 

24-b. The judge conducting a primary may require a con¬ 
stable present to assist in preserving order at or near the polls, 
and in his absence may appoint a special constable for the pur¬ 
pose aforesaid, who for the time being shall be clothed with all 
the powers and subject to all the duties of a duly elected con¬ 
stable. 

24-c. The circuit court of the county, and the hustings or cor¬ 
poration or circuit court of the city shall have exclusive original 
jurisdiction of all prosecutions for violations of this statute. 


16 


25. This act shall go into effect on the first day of January, 

nineteen hundred and fifteen. . . 

26. All acts and parts of acts in conflict with the provisions of 
this act are hereby repealed. 


Summary of Opinions by Attorney-General 
on Primary Law 


COMMONWEALTH OF VIRGINIA 
Office of the Attorney-General 

Richmond, April 15, 1915. 


Hon. B. 0. James, 

Secretary of the Commonwealth , 
Richmond , Va. 

Dear Sir: 


In response to your request, I am herewith handing you a 
summary of my opinions upon Chapter 305 of Acts, 1914, known 
as the “Primary Act.” The conclusions here set out are taken 
from the numerous letters written by me in response to inquiries 
which have come to this office requesting the construction of the 
Attorney-General on various provisions of the act. Many other 
questions will doubtless arise thereunder. This letter, therefore, 
is not intended to cover all questions which may arise, but only 
such as have come to me up to this date. 


1. Date of Primary. 

The primary for the year 1915 is to be held on Tuesday,* August 
3rd, and candidates must file their declarations of candidacy 
and their petitions therefor, together with their receipt for en¬ 
trance fee, with the chairman or chairmen of the several com¬ 
mittees of their respective parties, at least 60 days prior to the 
primary, that is to say, on or before June 4, 1915. (See sections 
3, 9, 10 and 24-a). 

But local party committees may call a primary at a date other 
than August 3rd. (Section 24). But such special primary 
is governed by the provisions of the Primary Act, in as much as 
section 2 provides that “all nominations made by a direct pri¬ 
mary shall be in accordance with the provisions of this act.” 




17 


The term “direct primary” as used in the act, means a primary 
at which the candidates are voted for directly, as distinguished 
from a primary at which delegates are elected to a convention 
to nominate candidates. 

2. Candidates May be Nominated by Other Methods. 

Party committees may provide for the nomination of their 
candidates in any way they see fit, and may provide for the 
nomination of some of the officers by direct primary and some of 
them by convention, or they may decline to provide for any party 
nominations. (Section 2). 9 

3. Form of Declaration of Candidacy and Petition Therefor. 

The following forms are in compliance with the law (section 9): 

“Declaration of Candidacy. 

“I, John Doe, of the County of Henrico, Virginia, a member 
of the Democratic party, declare myself to be a candidate for 
nomination to the office of member of the House of Delegates 
of the General Assembly of Virginia from the County of Henrico, 
to be made at the primary to be held on Ihe 3rd day of August, 
1915. 

“Given under my hand this 1st dav of May, 1915. 

“JOHN DOE. 


“Attested by _ 

“Richard Roe, 

“Edward Coe, 

“Witnesses.” 

“State of Virginia, 

“County of Henrico, to-wit.: 

“I, John Smith, a notary public in and for the county afore¬ 
said, in the State of Virginia, do certify that John Doe, whose 
name is signed to the foregoing writing, bearing date on the 
first day of May, 1915, has acknowledged the same before me in 
my county aforesaid. 

“My commission expires on the 1st day of January, 1917. 
“Given under my hand this 1st day of May, 1915. 

“JOHN SMITH, 

“Notary Public” 


18 

“Petition of Qualified Voters, 

(To be filed with Declaration of Candidacy) 

“This is to certify that we, the undersigned qualified voters 
of the County of Henrico, Virginia, hereby petition John Doe, a 
member of the Democratic party, to become a candidate for 
nomination to the office of member of the House of Delegates 
of the General Assembly of Virginia from the County of Henrico, 
to be made at the primary to be held on the 3rd day of August, 
1915; and we further petition that his name as a candidate for 
said nomination be printed upon the official ballot to be used at 
said primary. 

Given under our hands.’’ 

(Here must follow the signatures of fifty qualified voters of 
the candidate’s county or city). 

“State of Virginia, 

“County of Henrico, to-wit.: 

“I, John Smith, a notary public in and for the county afore¬ 
said in the State of Virginia, do certify that Robert Brown this 
day appeared before me in my said county and made oath before 
me that he witnessed the signature of each and every person whose 
name is signed to the foregoing writing 

“My commission expires on the 1st day of January, 1917. 

“Given under my hand this 1st day of May, 1915. 

“John Smith, 
“Notary Public .” 

4. Declaration of Candidacy Must be Acknowledged or Wit¬ 

nessed. 

The Declaration of Candidacy must either be acknowledged 
before some officer who has authority to take acknowledgments 
to deeds (that is to say, clerks, deputy clerks, commissioners 
in chancery, notaries public or justices of the peace. Code, 
section 2501), or must be attested by two persons who can write, 
signing as witnesses. (Section 9). 

5. Witnesses to Signatures to Petition Must Make Affidavit. 

Each signature to the petition must be witnessed by a person 
whose affidavit to that effect must be attached to the petition. 
If one person witnesses the signatures of all fifty of the peti¬ 
tioners, only one affidavit is necessary, but if some of the sig¬ 
natures of the petitioners are witnessed by one person and some 
by another, affidavits must be made by each of the witnesses. 
As many copies of the petition may be used as convenient, but 


19 


the aggregate number of qualified voters on the copies taken to¬ 
gether must be fifty or more in case of city and count}^ officers. 
(Section 9). 

Affidavits of witnesses may be taken before a justice of the 
peace, notary public, commissioner in chancery, clerks of courts, 
clerks of city councils, boards of aldermen or common councils. 
(Va. Code, 1904, section 173, as amended). Candidates are 
advised not to witness signatures to their petitions. 

6. To What Officers Provisions as to Declaration of Candidacy 

and Petitions Therefor Apply. 

. All candidates for public office in the primary must file their 
declarations under section 9 and pay their entrance fee under 
section 24-a, but it is doubtful whether district officers in coun¬ 
ties, such as supervisors, justices of the peace, etc., have to file 
any petition for their candidacy signed by qualified voters. 
But, as there is some difference of opinion upon this question, 
the Attorney-General has in all cases advised candidates for dis¬ 
trict offices, where possible, to file with their declarations of candi¬ 
dacy a petition therefor signed by fifty qualified voters of their 
own districts. 

7. Commissioners of Revenue are County Officers. 

Commissioners of the revenue in some counties have their 
jurisdiction confined to a particular district, or districts, but 
they are, in fact, county officers and at the general election in 
November must be voted for by the voters of the entire county. 
(See Constitution section 114; Virginia Code 1904, section 92). 
The names of the candidates for commissioners of revenue must be 
printed on the primary ballots for the entire county unless the 
county committee should pass a rule confining the vote to the 
districts in which the candidate is to serve. Such a party rule 
would be valid under sections 7 and 8 of the Primary Act. 

8. Candidates for Senate and House Representing Districts. 

In case of candidates for the Senate or House of Delegates 
representing districts containing more than one county or city, 
the 50 qualified voters required on the petition cannot be taken 
from the several counties or cities, but at least 50 of the peti¬ 
tioners must be qualified voters of the candidate’s city or county. 
The petition may, of course, contain signatures of qualified 
voters of other counties and cities in the district in addition to 
the*required fifty. 


20 


9. Party Committees May be Elected at Primaries. 

The primary act plainly reserves to party authorities all powers 
over primary elections not specifically taken away from. the 
party authorities by the act itself, (section 7).' Hence it is 
competent for the party committees to order printed on the pri¬ 
mary ballots the names of candidates, for party committees, but 
the act (which refers only to nominations for public office) does 
not require such candidates to file any declaration or petition 
or to pay any fee, though party committees may make such 
or similar requirements. 

10. Can a Qualified Voter Sign the Petitions of More Than 
One Candidate for the Same Office. 

The validity of a signature on a petition is not affected by the 
fact that the same signature appears on the petition of another 
candidate for the same office. Whether a voter may sign to two 
such petitions is a question of propriety and not of law. 

11. Who May Vote at August Primary, 1915. 

All persons qualified to vote at the election for which the pri¬ 
mary is held may vote at the primary; 

(a) . Except no person shall vote for candidates of more than 
one party; and 

(b) . Except no person shall vote in the primary of August, 
1915, for the candidates of any party unless at the congressional 
election held in November, 1914, he voted for the nominee of 
that party, but if he did not vote at the November election, 
1914, then he shall be allowed to vote upon his declaration that 
he will support, at the next November election, the nominees of 
the party in whose primary he wishes to vote; and 

(c) . Except those persons who are disqualified by reason of 
other requirements in the law of the party to which he belongs. 
Thus the primary law recognizes the right of a party to prescribe 
any qualifications for voting at primaries, provided such qualifi¬ 
cations are not in conflict with the statute, but under section 35 
of the Constitution no party regulation nor statute can permit a 
person to vote at a primary who is not at the time registered and 
qualified to vote at the next succeeding election; and 

(d) . Except under the plan issued by the State Democratic 
Committee February 13, 1913, only white persons are permitted 
to vote in Democratic primaries. 

The test of a man’s right under sub-section b of section 8 (ex¬ 
ception b above) to vote in the primary of a party, is whether he 
voted for the party’s nominee at the last preceding general elec¬ 
tion . It is, therefore, immaterial at the August primary, 1915, 


21 


whether the person offering to vote, voted the party ticket in 
the presidential election of 1912, or in the gubernatorial election 
of 1913. The only question is how he voted in the congressional 
election of 1914, but if he did not vote at that election, he may 
vote in the August, 1915, primary, upon his declaration as above 
set out. 

To illustrate: If a man voted against the Democratic nominee 
for Congress in November, 1914, he can, under no circumstances, 
vote in the Democratic primary August, 1915, but if he voted 
against the Democratic nominee in the presidential election, 
1912, or against the Democratic nominee in the gubernatorial 
election, 1913, but voted for the Democratic nominee in the con¬ 
gressional election of November, 1914, the party law may permit 
him to vote in the Democratic primary of August 3rd, but if he 
failed to vote in said congressional election, “he shall be allowed 
to vote” at the said primary upon his declaration that he will 
support the party nominee, etc. 

12. As to Young Men Just Becoming of Age. 

A young man becoming of age after February 1, 1914, and on 
or before February 1, 1915, must pay his first year’s poll tax 
six months prior to the general election, to-wit: On or before the 
1st day of May, 1915. A young man becoming of age at any 
time after February 1st, this year, and on or before the general 
election on November 2, 1915, may vote at the primary August 
3rd, provided that at any time before, or on the day of the pri¬ 
mary election, he pays his first year’s poll tax and registers. 
(See Constitution, sections 18, .20 and 26, Virginia Code, 1904, 
sections 73 and 491.) 

13. Expenditures of Candidates. 

It is not lawful under the provisions of the primary act for a 
candidate to pay persons for obtaining signatures to his petition 
for candidacy, and it is also unlawful for any candidate to hire 
vehicles to convey voters to the polls on election day. Under 
section 11 dealing with expenses of candidates, all expenditures 
are prohibited except, those which are expressly permitted. 

14. Entrance Fees of Candidates. 

The entrance fees for the August, 1915, primary required by 
section 24-a, must be paid to the treasurer of the candidate’s 
county or city, but where the candidate’s district is made up of 
more than one county or city, the fee must be equally divided 
among the counties or cities in the district and paid to the re¬ 
spective treasurers by the candidate. 


22 


It is true that section 24-a requires State officers to pay their 
entrance fees to the Auditor of Public Accounts, but the term 
“State officers” as here used was not intended to include Com¬ 
monwealth’s attorneys or members of the House of Delegates 
or the Senate of Virginia. 

15. Primary Judges. 

The judges to conduct primary elections must be appointed 
by the electoral boards of the several counties and cities. Sec¬ 
tion 4 does not require said boards to appoint judges named b} r 
party committees. 

16. Crime for Judges and Clerks to Influence Voters. 

Any judge or clerk of election who attempts during the progress 
of the election to influence voters to vote for or against any candi¬ 
date is guilty of a misdemeanor (section 4) and is subject to pun¬ 
ishment by fine or imprisonment, or both. (Va. Code, 1904, 
section 3902). 

Yours truly, 

Jno. Garland Pollard. 

Attorney-General of Virginia . 
























































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